Our Civil Usury Criminal Science

In recent years, with the development of market economy, the folk usury phenomenon is escalating, and even in some areas, all of the people lend money at usury. Due to the excessively high interest rates, many areas have a debt crisis, incurring a series of social problems. In the face of the phenomenon, some scholars advocate to use criminal law to combat the folk usury, and with two different ways to sin. One is putting usurer crime of illegal business; the other is by changing the legal or legislative explanation to folk usury a crime. Another part of the scholars is not advocated to folk usury punishment, they think folk usury itself doesn’t have serious social harmfulness. Some behavior which is associated with usury may violate the criminal law; therefore, the criminal law should not interfere.Folk usury is put forward in this paper should not do the crime. In this paper I will use five parts to discuss this point of view, as follows:The first part through introducing the concept of folk usury and the related concepts, defines the connotation and denotation of folk loan sharks in this article. Then introducing generation and development history of China’s folk usury, I can clearly know that folk usury’s existence and development is originated from social demand and is quite reasonable. At present, folk usury is a useful supplement to the formal financial institutions.The second part introduces our country scholars’views on folk usury into sin or not. At present there are mainly two kinds of views, one is using criminal law to combat the folk usury, but there is a difference in the crime form. Another view is that should not be the folk usury behavior under the regulation of criminal law. And I listed the reasons of these two views, in order to clear legal science attitude to folk usury of the criminal law in our country at present. At the end of this section, I put forward my own point.The third part compares the domestic and international civil usury crime environment, selecting two representative countries, namely the United States and Japan, through introducing the financing policy and environment, to understand the two countries into crime environment. And introducing our country’s monetary policy does not reach the designated position and the financial system’s defects, we can clearly know at present our country exists great difficulties in financing. In conclusion, because of the actual situation of each country is different, such as some countries and regions financial policy perfect, having so many financing channels, well-funded, therefore, the limitation on the folk usury is more stringent. But our country is still in the period of economic transition, there are many deficiencies in the financial system, therefore, in the present circumstances, it is unfavorable to folk usury into sin.The fourth part, mainly from the perspective of criminal law, to prove civil usury crime in our country is not reasonable. Expounds from the following three aspects:one is contrary to the basic principles of criminal law, mainly includes the violation of principle of legality and the principle of suiting punishment to crime; two is perverse tolerance principle in criminal law; three is inconsistent with the principle of legal value, from the Angles of Free value, justice value and efficiency value to analysis.The fifth part, namely the last part, although the author thinks at present in our country it is unfavorable to the folk usury into sin, but due to certain behaviors and suffers from the co-existence of folk usury may be harmful to the society. And at present our country folk usurious interest rates too high to create some social influence. Therefore, the folk usury behavior should not be ignored. I suggested that we can regulate the folk usury with following aspects, the folk usury as discretionary circumstances of sentencing punishment and improvement of financial system in china.